Krishnadeo Singh @ Lalbabu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27136 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- DESARI District- Vaishali ====================================================== KRISHNADEO SINGH @ LALBABU S/o Dinesh Singh Resident of Village-Sultanpurk, P.S.-Desari in the district of Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 324, 307, 379, 354(B), 504, 506/34 of the Indian Penal Code. Prosecution case is that petitioner along with other accused persons came at the house of informant's aunt Minakshi Devi and asked about uncle, on which aunt told that he went outside. Thereafter, Guneshwar Pd. Singh abused and gave order to kill, on which accused Praveen Kumar assaulted with iron sawal to aunt Minakshi Devi on her head indiscriminately and caused cut injury on her head and also snatched away her gold chain. It is alleged that when the informant and her another aunt
Patna High Court CR. MISC. No.27136 of 2020(3) dt.05-01-2021 2/3 Minta went to save her, petitioner assaulted with lathi on the informant's right hand causing fracture of bone and she fell dawn.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that during investigation police examined several independent witnesses but not any one came forward to support the prosecution version rather several witnesses said that some hot altercation took place between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Considering the facts and circumstances of the case and the fact that the injuries found upon the victim is grievous in nature, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Desari P.S. Case No. 27 of 2020 pending before the court of the learned Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur.
Accordingly, the application is dismissed.
However, petitioner is at liberty to surrender before the learned court below and pray for regular bail which will be
Patna High Court CR. MISC. No.27136 of 2020(3) dt.05-01-2021 3/3 considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T